Indian Government And Politics – Bidyut Chakraborty

3. The Court will not decide constitutional questions if a case is capable of being decided on other grounds. 4. The Court will not decide a larger constitutional question than is required by the case before it. 5. The Court will not hear an objection as to the constitutionality of a law by a person whose rights are not affected by it.

6. Ordinarily, the courts should not pronounce on the validity of an Act or part of an Act which has not been brought into force because till then the question of validity would be merely academic.14 With the growth of the welfarist perspective of state, accompanied by increasing number of civil society organizations and indi- viduals, the new technique of seeking the redressal of grievances through judicial intervention has gained ground in the country.

Called as the Public Interest Litigation (PIL), it has emerged as the means of standing for the cause of others because the petitions can be fi led by a third party on behalf of the aggrieved or deprived people who are not in a position to seek the intervention of judiciary to right the wrongs done to them.

While accepting such petitions, the courts usually forgo the observance of the prescribed judicial procedures, mainly the notion of locus standi of the party, and even a postcard addressed to the Court can be taken cognizance of. Quite often, the PILs are fi led to get the judicial prodding for the execu- tive or the legislature to take certain steps, which they have failed to take, causing a harm or deprivation to the people.

Termed also as social action litigation,15 the PIL is characterized by relaxation of the rule of locus standi, fl exibility in normal judicial procedure, innovative and proactive interpretation of legal and funda- mental rights of the people, and remedial fl exibility marked by ongoing judicial participation and supervision.16 Originating in early 1980s as a means of ensuring participative public justice, the idea of PIL secured the backing and recognition of the Supreme Court in the case of S.P.

Gupta vs Union of India, when the Court allowed the petition despite the petitioner not The Judiciary being an aggrieved party on the ground that it seeks to redress the grievances of those people who are not in position to come to the Court to seek justice. At the same time, the Court also noted that the PIL could also be fi led in the cases where the interests of the mass of people are at stake, without any discrimination.

Copyright © Bidyut Chakrabarty and Rajendra Kumar Pandey, 2008 All rights reserved. No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage or retrieval system, without permission in writing from the publisher.

First published in 2008 by SAGE Publications India Pvt Ltd B 1/I-1 Mohan Cooperative Industrial Area Mathura Road, New Delhi 110 044, India www.sagepub.in SAGE Publications Inc 2455 Teller Road Thousand Oaks, California 91320, USA SAGE Publications Ltd 1 OliverÊs Yard, 55 City Road London EC1Y 1SP, United Kingdom SAGE Publications Asia-Pacific Pte Ltd 33 Pekin Street #02-01 Far East Square Singapore 048763 Published by Vivek Mehra for SAGE Publications India Pvt Ltd, typeset in 10/12 pt Palatino by Star Compugraphics Private Limited, Delhi and printed at Chaman Enterprises, New Delhi.

Library of Congress Cataloging-in-Publication Data Chakrabarty, Bidyut, 1958ă Indian government and politics/Bidyut Chakrabarty, Rajendra Kumar Pandey. p. cm. Includes bibliographical references and index. 1. India·Politics and governement. 2. Constitutional history·India. 3. Public administration·India. I. Pandey, Rajedra Kumar. II. Title JQ231.C42 320.454·dc22 2008 2008031601 ISBN: 978-81-7829-881-8 (PB) The SAGE Team: Anjana Saproo, Anupam Choudhury, Sanjeev Kumar Sharma, and Trinankur Banerjee Dedicated To our grandparents for the values they inculcated in us.

This is a short excerpt from the opening of “” by Unknown, quoted for review and introduction purposes. All rights belong to the copyright holders.

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